In March 2024, the public prosecutor’s office confirmed that the ministry of health and social security had filed a denunciation in the CMCM case, targeting the managing director of the Caisse médico-complémentaire mutualiste (CMCM), . The mutual was considered to be a potential victim of breach of trust. The denunciation was based on a financial report of February 2023, which had examined the CMCM’s system of tokens, raising risks of double or triple remuneration for the same task, as well as risks of tax fraud in the event of insufficient declaration of these remunerations.
Following a legal analysis of the facts described in the 2023 financial report, the public prosecutor ruled out the criminal offence of breach of trust. The question of whether these facts could constitute tax fraud was the subject of a preliminary investigation. It now appears that the elements constituting aggravated tax fraud have not been met. As a result, the public prosecutor’s office has decided to close the case without criminal proceedings, as no criminal offence has been established.
With regard to the second legal analysis (independent of the first) concerning a complaint lodged at the end of March 2024 relating to a potential violation within the CMCM of the provisions of the law concerning the protection of privacy, the Luxembourg public prosecutor’s office has announced that it will not initiate criminal proceedings in this respect.
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